Application under Section 482 Cr.P.C. seeking quashment of proceedings in an IPS/DP Act case was dismissed as withdrawn by the applicant with liberty to file a better application.
Application allowed by withdrawal; further proceedings stayed pending the application.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 3478 of 2023
Applicant :- Rahimullah And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Bind,Raj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Rajesh Kumar Bind, learned counsel for the applicants, Sri B.B. Upadhyay, learned counsel for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed by the applicants Rahimullah and Mona Begum with the prayer to quash the entire proceeding including the charge sheet dated 16.8.2021 as well as cognizance/summoning order dated 1.1.2022 passed by learned Chief Judicial Magistrate, Prayagraj in Case No. Nil of 2022 (State vs. Azad@Kallu and others) arising out of Case Crime No. 329 of 2021, under Section 498A I.P.C. and Section 3/4 D.P. Act, Police Station Kotwali, District Prayagraj, pending in the court of learned Chief Judicial Magistrate, Prayagraj and with the further prayer to stay the further proceedings of aforesaid case during pendency of the present application.
Learned counsel for the applicants states that the present application be dismissed as withdrawn with liberty to file a better application.
Prayer is allowed.
The present application is dismissed as withdrawn.
Certified copies, if any, be returned as per rules.
(Samit Gopal,J.)
Order Date :- 16.2.2023
Naresh
Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad
1 provisions across 1 enactments
Rahimullah And Another
State of U.P. and Another
Samit Gopal
As recorded by the court registry
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